Defamation

Defamation is when a person writes or says untrue information about somebody to other people and the person’s writing or speech is likely to cause negative impacts on the reputation of that person.

 

Cyberbullying

Cyberbullying is that a person bullies another person by means of the internet including emails, messages, Social Network Services (SNSs), blog and any online materials.

Examples of Cyberbullying:

  1. Sending or posting nasty or embarrassing comments or photos,
  2. Spreading rumours or pretending to be other people to make them look bad.

The typical types of clients who seek our service for cyber-bullying are local businesses. Ever since the google map has introduced a function of review with star rates, local businesses appeared on the google map became a target of cyberbullying.

If you feel that you are targeted or suffered any loss as a result of cyberbullying, here is information for you.

 

Elements of defamation by cyber-bullying

  • The material must be capable of being published or communicated by any means such as speaking to others, tweeting on Twitter or posting on Facebook, etc.
  • The material must be related or targeted to a particular person or business. The material may expressly state the name of a person or business, or the material did not explicitly state the name, however, if people can reasonably figure out who the material talks about, it is identifiable.
  • The material must be defamatory. It is defamatory if a person’s reputation has been damaged or could reasonably be considered at risk of damage by the defamatory material.
  • Without lawful excuses

 

Possible defences of the defamation claim

Cyber-bullies may defend themselves by following defences if applicable.

  1. Justification – the published or communicated material is substantially true.

 

  1. Honest opinion – they must show that your statement is genuinely an opinion, that your opinion is based on proper information (eg: substantially true information) and that it is about a matter of public interest (like a review of a restaurant).

 

  1. Triviality – the published or communicated material is unlikely to cause any harm to a person or business who suffered cyber-bullying because of such reasons like only small amount of people communicated about the defamatory material.

 

There are more possible defences, but it is unlikely to be available for cyber-bullies.

 

Recent Case

The latest defamation case relating to cyber-bullying is Adelaide Barrister Gordon Cheng, who successfully sought approximately $750,000 defamation judgement from bad Google review. The background of this case is that a woman, named ‘Isabel Lok’, posted a one-star rating of his business with an extensive negative review on Google in English and Chinese. It turned out that she had never been a client of Mr Cheng at all, according to Mr Cheng’s evidence and records. Mr Cheng claimed that he lost about 80% of his clients between the lousy review and his awareness of the bad review. He was able to seek defamation judgement to cover his financial loss and emotional distress.

 

Criminal liabilities on Defamation by Cyber-bullying

  1. Using a telephone or the internet in a menacing, harassing or offensive way

Cyber-bullying may attract criminal liability if cyber-bullies frighten somebody by making threats to harm or hurt, or bothering someone with a high frequency as much as a targeted person feel afraid.

 

  1. Encouraging suicide

It is a crime if a person sends or posts anything that encourages or helps someone to commit suicide by phone or the internet.

 

  1. Nude or sexual images

It is a crime to send or post nude or sexual images of someone without their permission or threatening to send or post nude or sexual pictures of someone to the owner of the images.

 

Consequences of defamation by cyber-bullying

Cyber-bullies will have to compensate for any financial loss of the victim due to their statement or publishment as well as any emotional distress amounted to psychological diseases under civil liability. They may also be liable for criminal liability which put them into a jail up to 10 years at maximum.

 

Cyber-bullying can attract civil liability and criminal liability as well depending on the serious nature of the conduct. It is strongly recommended to visit a legal advisor if you are suffering any financial loss or emotional distress due to the cyber-bullying, or if you have done cyber-bullying seriously.